MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

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Presentation on theme: "MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that."— Presentation transcript:

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MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that take effect on January 1, 2007. For accurate reference, please refer to the official volumes of the Commercial Vehicle Drivers Hours of Service Regulations, made under Motor Vehicle Transport Act, that may be viewed on the Internet at: http://canadagazette.gc.ca/partII/2005/20051116/html/sor313-e.html http://canadagazette.gc.ca/partII/2005/20051116/html/sor313-e.html Hours of Service

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October 6, 2006 2History Current regulations were first introduced as a countermeasure to fatigue in the late 80s and were based on the American hours of service rules. Hours of Service refers to legal limitations on the hours a commercial vehicle driver can drive/work on a daily/weekly basis. The new rules incorporate current sleep and fatigue research that takes into consideration the bodies circadian rhythm, drivers health (opportunity to obtain restorative sleep), irregular work shifts and sleep dept.

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October 6, 2006 3 Hours of Service The new federal regulation will come into effect on January 1, 2007. Ontario plans to amend the current regulations to mirror the federal hours of service rules. Hours of Service regulations are spelled out in federal legislation under the Motor Vehicle Transportation Act (MVTA), applicable to extra-provincial operations.

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October 6, 2006 4 New Rules Reason for change Current HOS rules are: Not based on a day (24 hour period); Allows 16 hours of driving in a day; Allows 26 hours of driving in a 30 hour period (using off duty time reduction); No limit on a drivers work shift; Would allow a driver to work everyday; and Driver and Operator assume all responsibility for compliance.

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October 6, 2006 5 Continued … Difficulty of identifying the cycle the driver is using Driver changes cycles whenever he wants No requirement to indicate the cycle on the daily log sheet

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October 6, 2006 10 Hours of Service Current Drive up to 16 hours in a day On duty up to 16 hours in a day No specified off-duty time for a day Rule Minimum of 10 hours of off-duty must be taken every day. Off-duty periods > 30 mins. Maximum of 13 hours driving in a day No driving after 14 hours of on-duty in a day Daily Requirements

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October 6, 2006 13 Hours of Service No driving after 14 hours on-duty DRIVING < 13 OFF DUTY > 10 Off-Duty Periods must be at least 30 minutes long or they do not count toward the 10 hours. Daily Requirements

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October 6, 2006 14 Hours of Service Current After 13 hours of driving you have to take 8 consecutive hours off-duty before you can drive again After 15 hours of on duty you have to take 8 consecutive hours off-duty before you can drive again New Rule After 13 hours of driving you have to take 8 consecutive hours off-duty before you can drive again After 14 hours of on-duty you have to take 8 consecutive hours off-duty before you can drive again Work Shift Rules

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October 6, 2006 15 Hours of Service Current No restriction on length of work shift Off-duty periods extend the time between Rule No driving after a maximum of 16 hours (elapsed time) Time period which starts the instant you are on duty after having just taken minimum 8 hours off-duty Includes all time and activities 8 consecutive hours off-duty resets the work shift.· Sleeper berth rest periods are not counted in the 16 hour duty period when they qualify for the sleeper berth rest provision Work Shift Rules Contd

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October 6, 2006 16 What are the rules for the work shift? Work Shift 16 hours Driving time 13 hours No driving after 14 hours on-duty Shift Reset End 8 consecutive hours

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October 6, 2006 18 Hours of Service Current May reduce the 8-consecutive hour off-duty period to a minimum of 4 hours- once in a 7 day period Rule 48 hour averaging allows a driver to reduce the daily off-duty requirement by the 2 other hours of off duty time and this time is added to the 8 consecutive hours of off-duty on Day 2. This provision may be exercised every 2nd day if a driver chooses. Off Duty Exceptions

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October 6, 2006 22 7 Day Cycle Reset Day 1 Day Off Day 2Day 4Day 1 Day Off Day 2Day 4Day 3Day 6Day 5 Day Off Day 2Day 3 12 Hours Off Day 1

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October 6, 2006 23 Hours of Service Current Only required for 14 day cycle Rule Mandatory 24 consecutive hours off duty in preceding 14 days Mandatory 24-hours Off-Duty

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October 6, 2006 24 Mandatory 24 hrs. off in 15-days to address perceived problem of driving every day of the year driver must have at least one 24-hour consecutive off-duty period in preceding 14 days applies regardless of amount of on-duty time accumulated 2007

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October 6, 2006 25 Hours of Service Current Commercial motor vehicle (CMV) drivers using a sleeper berth must take 8 hours off- duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours. Rule Single drivers using a sleeper berth must take 10 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours Team drivers using a sleeper berth must take 8 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 4 hours Sleeper Berth

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October 6, 2006 26 Hours of Service Current Commercial motor vehicle (CMV) drivers using a sleeper berth must take 8 hours off- duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours. New Rule Must still comply with Daily Requirements: Maximum of 13 hours driving No driving after 14 hours on-duty Minimum of 10 hours off-duty No driving after accumulating (prior and subsequent to the period): 13 hours driving 14 hours on-duty 16 hours in the work shift· Sleeper Berth

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October 6, 2006 30 Hours of Service Current Exempt from a daily log if: instructed to drive within 160 km; returns to and goes off duty within 15 hours; and operator keeps accurate on duty status records New Rule Exempt from a daily log if: operates CMV within 160 km; returns to home terminal each day to begin an 8 hour off-duty period; operator maintains accurate and legible records for each day indicating; hour at which each duty status begins & ends: total hours spent in each status; elected cycle; records kept for 6 months; and not subject to an HOS permit Daily Log Exemption

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October 6, 2006 31 Would your current Driver log Sheet Comply? operator maintains accurate and legible records for each day indicating; xhour at which each duty status begins & ends: xtotal hours spent in each status; xelected cycle; and xnotation of: time deferral, personal use of CMV & odometer reading, adverse driving or emergency situation

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October 6, 2006 34 Hours of Service NOTE: If you extend your driving, on-duty or elapsed time (work shift) because of an emergency or adverse driving conditions, you must record the reason for doing so in the Remarks Section Contents of Daily Log

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October 6, 2006 35 Hours of Service Current Driving time means all time spent at the controls of a CMV operated on a highway- driver must show as DRIVING Rule Is not considered to be On Duty provided that: CVM is unloaded Not towing a trailer Maximum of 75 km/day Odometer readings are recorded Driver is not subject of an OOS declaration Personal Use Exemption

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October 6, 2006 36 Hours of Service Current Driver and Operator are responsible to ensure compliance Rule No person shall permit, or request a person to contravene the regulation Responsibilities

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October 6, 2006 37Questions? Dwain Smith 613-545-4840 dwain.smith@ontario.ca Alf Brown 905-704-2342 alf.brown@ontario.ca OR Hours of Service Application Guide available from the Canadian Council of Motor Transport Administrators website: http://ccmta.ca/english/producstandservices/publications/reportcentre.cfm - hoursofservice